The Supreme Court will likely consider McDonald and NRA on September 29 and could grant cert as early as 9/30.

Scotusblog (http://www.scotusblog.com/) has the details (http://www.scotusblog.com/wp/second-amendment-cases-up-early/):

Second Amendment cases up early

The Supreme Court will consider two new cases on the scope of individuals’ Second Amendment right to have guns at its first Conference for the new Term, on Sept. 29, according to the Court’s electronic docket. Both petitions challenge a Seventh Circuit Court ruling that the Amendment does not restrict gun control laws adopted by state, county or city government, but applies only to federal laws. The cases are National Rifle Association v. Chicago (08-1497) and McDonald v. Chicago (08-1521).

The so-called “incorporation” issue is the most significant sequel issue raised in the wake of the Court’s 2008 decision in District of Columbia v. Heller, recognizing for the first time a personal right to have a gun for self-defense, at least in one’s home.

If the Court agrees to hear the new cases after its first look, that could be announced as early as the day after the Conference — that is, on Wed., Sept. 30. The first Conference of a new Term customarily is held in advance of the Term’s formal opening; this year, the Term starts Oct. 5.

The Court has not yet scheduled a time to consider another pending case on the Second Amendment issue — Maloney v. Rice (08-1592). The response in that case is now due on Aug. 28. The new Justice, Sonia Sotomayor, took part in the Maloney case when she was on the Second Circuit Court. Like the Seventh Circuit, the Second found that the Second Amendment only applies to federal laws. When the Justices consider the Maloney case, Sotomayor is not expected to take part. The fact that she had taken part in a ruling on the issue in one case, however, would not require her to withdraw from considering cases from other Circuits, like the Chicago cases.

If you were following CalgunsFdn on twitter you'd already know :D http://twitter.com/CalgunsFdn

-Gene

wildhawker

08-22-2009, 12:01 AM

SocialScope is a wonderful thing, much like an electronic Santa this evening.

JeffM

08-22-2009, 12:10 AM

The Supreme Court will likely consider McDonald and NRA on September 29 and could grant cert as early as 9/30.

Scotusblog (http://www.scotusblog.com/) has the details (http://www.scotusblog.com/wp/second-amendment-cases-up-early/):

If you were following CalgunsFdn on twitter you'd already know :D http://twitter.com/CalgunsFdn

That's CGN's facebook; couldn't tell by looking. It has the CGF officers listed on it when they should be listed on the CGF side.

Window_Seat

08-22-2009, 2:25 PM

Please 'scuse my lack of knowledge of this case, but what kind of a "hearing" is this, or is it even a hearing? If there actually is a hearing, how long could it be until it's actually heard? Any more teaching on how this SCOTUS thing works would be greatly appreciated.

Erik.

hoffmang

08-22-2009, 3:16 PM

Please 'scuse my lack of knowledge of this case, but what kind of a "hearing" is this, or is it even a hearing? If there actually is a hearing, how long could it be until it's actually heard? Any more teaching on how this SCOTUS thing works would be greatly appreciated.

SCOTUS has private conferences amongst the Justices to figure out which cases to take and then schedule them. Assuming the case is granted cert, it would have a new briefing schedule announced and would likely have an oral argument set for February or March in Washington DC.

There is an outside chance that on 9/30 SCOTUS could, instead of granting cert, issue a GVR (Grant, Vacate, and Remand) to force the 7th Circuit to follow Heller which would have the practical effect of incorporating then. Again remember that this is not the most likely outcome.

Most likely we'll get a grant on 9/30 and will get to see the specific question granted and when the case will be heard. The final decision will probably be like Heller and come out at the end of June, 2010.

-Gene

Theseus

08-22-2009, 4:21 PM

Damn. . . I was hoping to have incorporation. . .

Oh well. At least they still can't prove that I knew the school zone existed. (Which is not me admitting to anything.)

Scarecrow Repair

08-22-2009, 4:53 PM

If you were following CalgunsFdn on twitter you'd already know :D http://twitter.com/CalgunsFdn

It would help if twitter followed up and sent alerts to my cell phone. I used to be all atwitter in anticipation, but the continued lack of alert on their part has disillusioned me.